Privacy Policy

Welcome to and/or, each of which is brought to you by Matchup LLC (collectively, our “Company”) and made available to you at and, respectively, or through our mobile applications, accessible through tablets, cell phones, personal digital assistants, connected televisions, and other devices (collectively, the “Site”). Your use of the information, materials, text, images and other content on the Site, and our use of the information you provide to us, is subject to the privacy policy below, together with our General Terms and Conditions of which this privacy policy is a part and incorporated into, each of which we may be revise from time to time without notice. Please read these this privacy policy and those General Terms and Conditions carefully. Capitalized terms used in this privacy policy, but not otherwise defined will have the meanings ascribed to them in the General Terms and Conditions.


This Privacy Policy applies to all information gathered through the Service. The Service is intended for a primarily United States-based audience. Any information you provide, including any personal information, will be transferred to and processed by a computer server located within the United States. The English-language version of this Privacy Policy is the official version and shall control. This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Illinois and the federal laws of the United States.

This Privacy Policy applies to information collected through the Service and information collected through third party health, fitness, productivity or other applications (including from wearable devices), and from or through any applicable Enterprise User and/or any wearable device manufacturer, distributor or other provide, together with its employees and contractors, and covers the following areas:
  • ​What personally identifiable information our Company, or a third party acting on our Company's behalf, collects through the Service and how we use it;
  • With whom our Company may disclose this information;
  • ​What choices are available to you with respect to collection, use and distribution of your information;
  • ​What types of security procedures are in place to protect the confidentiality and integrity of information under our control; and
  • ​How you can request access to, or correct inaccuracies of, your information.
Information Collected and Stored Automatically: We may automatically gather and store the certain information about your visit so that we can monitor the use of the Site in order to make improvements and better serve visitors. Other than to contact you with follow up information or in order to provide products and services or information regarding our products and services (such as newsletters) to you, this following information may be collected and stored:
  • email address, phone number, physical contact information and (depending on the service used) demographic information like age and gender;
  • User Account information, such as user login and password information;
  • the location and IP address from which you access the Site;
  • the name of the domain from which you access the internet;
  • the type of device, browser and operating system used to access the Site;
  • the date and time you access the Site, duration and stop time of such access;
  • the information about any person or entity from whom you were referred;
  • the pages, files, documents and links that you visit;
  • the internet address of the website from which you linked to the Site; and
  • information provided to us by device and service partners like steps, distances traveling, active minutes accumulated and other information you provide to the Site, such as habit and food logging, profile information and user chat communications.

Cookies and Web Beacons: We may also collect cookies, which are small pieces of information sent to your browser by a website that you visit. We may use cookies to compile and provide aggregate statistics about the Site’s visitors, traffic patterns, and related information to third parties, but such information will not identify you personally. Cookies may help us adjust the content of the Site and provide better service to visitors. You may set your browser to refuse cookies from any website that you visit. If you refuse cookies, you may still gain access to most of the Site, but you may not be able to conduct certain types of transactions. The Site may contain electronic images known as web beacons (sometimes called single-pixel gifs) that may be used to assist in delivering cookies on the Site and allow us to count users who have visited the Site. We may include web beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.

Your Personal Information: "Personal Information" refers to information that specifically identifies you as an individual, such as your full name, telephone number, e-mail address, postal address, or certain account numbers. As used in this Privacy Policy, "Personal Information" does not include information protected under Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which would be protected as described in the HIPAA notices of privacy practices of your health plans or physicians and other health care professionals. We may disclose your Personal Information to your health plan, which may be administered by your employer, in order for your employer or health plan to provide you or your spouse/same-sex domestic partner with incentives and rewards for participation in the Service. If you choose to participate in the Service, you may disclose certain health and health-related information to us for purposes of your participation in the Service. Such information may include relevant health history on topics such as height, weight, physical measurements, blood pressure, mental health, and behaviors such as smoking and exercise. Except to the extent that such information is protected under HIPAA, any such health information you disclose to us that is linked with an identifier, such as your name, is part of your personal information. We may disclose your Personal Information to entities subject to HIPAA (called "covered entities"). Covered entities include, for example, health care providers such as doctors and dentists. Covered entities are also health plans, including health plans sponsored by your employer and which may be administered by other employees of your employer. In the United States, these entities are subject to HIPAA and HIPAA requires covered entities to safeguard your Personal Information in accordance with all applicable state and federal laws and regulations.By completing the questions on a health survey and submitting the answers, you are consenting to allow the use and disclosure of this information in a manner protected by and defined in this Privacy Policy to help identify and provide content, products and resources relevant to you.The Service may include features that give you the opportunity to provide us with personal information about yourself. You do not have to provide us with personal information if you do not want to; however, that may limit your ability to use the Service or certain functions of the Service or to request certain services or information. Collection by us of personal information is sometimes necessary when you contact us or decide to take advantage of various features of the Service. We may request that you provide us with personal information on a voluntary basis in certain areas of the Service.

Sharing Non-Personal Information; Use of Personal Information: Because non-personal information does not identify who you are, we do not limit the ways we may use or share non-personal information. We may share non-personal information, for example, with your Enterprise User and with our employees, affiliates, suppliers, agents, other businesses and the government, and we expressly reserve the right to share non-personal information without limitation. Without limiting the foregoing, we may use personal information for a number of purposes, such as:
  • ​To provide you with information that we believe may be useful to you, such as information about products or services provided by us or our businesses partners.
  • ​To perform analytics and to improve our products and services.
  • ​To comply with applicable laws, regulations, and legal process.
  • ​To protect someone's health, safety, or welfare.
  • ​To protect our rights, the rights of affiliates or related third parties, or to take appropriate legal action, such as to enforce our Terms and Conditions, which are available on the Service.
  • ​To keep a record of our transactions and communications.
We may provide third parties, including to our corporate customers, with information about you and other users from which we have removed all identifiers and that can no longer be used to identify you. We may not limit the third parties' use of the aggregate information, except that we do require third parties to whom we disclose aggregate information to agree that they will not attempt to make this information personally identifiable, including by combining it with other databases. We may provide to third parties, including to our corporate customers, automatically collected information that is combined with the automatically collected information of other users or aggregate information. We may share personal information in response to a court order, subpoena, search warrant, law or regulation. We may cooperate with law enforcement authorities in investigating and prosecuting activities that are illegal, violate our rules, or may be harmful to other visitors. We also may share personal information if we in good faith believe that doing so is necessary to protect and defend our legal rights and property, to protect against misuse or unauthorized use of the Service by other parties, or to protect the personal safety or property of users of the Service or the general public. We may not provide you with notice prior to disclosure in such cases.

Disclosure to Third Parties: At times, in order to provide products and services or market to customers, we may make certain personal information available to strategic partners with whom we work. In the event that your use of the Service is in connection with coaches and/or other persons with access to your information in a supervisory or assistance capacity (“Assistance Person(s)”), if more than one person is serving in the capacity of Assistance Persons with respect to such account, then more than one person may be able to view and access any information that you share with or accessible to such Assistance Person even if your primary contact is only one Assistance Person. We may share personal information with parties who provide services such as information processing, extending credit, fulfilling customer orders, delivering products, managing and enhancing customer data, providing customer service, assessing interest in our products and services, incentive fulfillment, web hosting, translation or data storage and conducting customer research or satisfaction surveys. Except as required pursuant to law, legal process, litigation, or requests from public and governmental authorities, we only share personal information to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes. In the event of a reorganization, merger, or sale, we may transfer any and all personal information we collect to the relevant third party.

No Transfer of Personal Information for Direct Marketing: Our Company will not sell, rent, transfer, disclose or otherwise permit the use of your personal information by advertisers or other third parties for direct marketing purposes. From time to time, our Company itself or your Enterprise User (if applicable) may send you information about opportunities, products or services provided by our Company, your Enterprise User or other businesses, or similar promotional information.

Special Notice to California Residents: Under the California Civil Code, California residents who provide to our Company through the Service any personal information (as such term is defined under California law) have the right to request from us once each calendar year a list of all third parties to which we have disclosed personal information (as so defined) during the preceding calendar year for such third parties' own direct marketing purposes. If you are a California resident and wish to obtain this information, please send an email request to us at with a statement of your preference on how you wish to receive our response to your request. Please note that not all information sharing is covered by the California Civil Code requirements and that only covered information, if any, will be included in our response. Under the California Business and Professions Code, our Company is required to disclose how it responds to web browser "Do Not Track" signals or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of personally identifiable information (as such term is defined under California law) about a consumer's online activities. Our Company does not currently respond to or otherwise take any action with regard to "Do Not Track" requests.

Information for Children Under 13: We will not intentionally collect any personal information from children under the age of 13 through the Service without receiving verifiable parental consent. If you think that we have collected personal information from a child under the age of 13 through the Service, please contact us. To enforce this policy, each user must be 13 years of age or older in order to use the Service.

Enterprise User Privacy Policies: In some instances, portions of the Service may be branded or co-branded by an Enterprise User or made available via the Enterprise User's website or landing page. If you visit or use the Service under such circumstances, you consent to both our Company's and the Enterprise User's collection and use of your personal information and non-personal information through the Service and you understand that the Enterprise User's use of such information may be subject to the Enterprise User's separate privacy policy.

Forums for Disputes: Any claim or dispute related to privacy is subject to this Privacy Policy and to our General Terms and Conditions.